Patna High Court
Dilip Mahto @ Dileep MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Dilip Mahto applied for bail in a case (Ballia PS Case No. 495 of 2025) involving alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act and Sections 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, where 136.80 litres of liquor were recovered from a car. The prosecution alleged his involvement, while the petitioner contended that he had no possession of the liquor, no connection with the vehicle, and that no incriminating material was found on him. He has been in custody since 22‑12‑2025 and possesses two prior criminal antecedents, but the State failed to demonstrate compliance with Section 103 of the BNSS. The State opposed bail, yet the court noted the petitioner’s lack of direct involvement and the period already spent in custody. Consequently, the court granted bail on condition of a Rs.15,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita given the nature of the alleged offence.
- Whether the requirements of Section 103 of the Bharatiya Nyaya Sanhita, 2023, have been satisfied for bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 317(5), 3(5)
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Bharatiya Nyaya Sanhita
- liquor seizure
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8744 of 2026
Arising Out of PS. Case No.-495 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Dilip Mahto @ Dileep Mahto S/o Ram Sagun Mahto @ Ramsugan Mahto
R/o Village- Malpur Khataye Ward No.08, P.S- Dalsinghsarai, Dist-
Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Ballia
PS Case No. 495 of 2025 instituted for the offences under
Section/s 30(a) of the Bihar Prohibition and Excise Act and
Sections 317(5) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that 136.80 liters
liquor was recovered from car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.8744 of 2026(2) dt.04-02-2026
2/2
that petitioner has got no concern with the car in question. The
petitioner is in custody since 22.12.2025 and has got two
criminal antecedent/s. There is no compliance of Section 103 of
the BNSS, 2023. Other co-accused has been granted bail by this
Court vide order dated 16.12.2025, passed in Cr. Misc. No.
86989 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Ballia PS Case No.
495 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…